United States v. McEntee
District Court, D. Minnesota
This is an action to recover the value of a large quantity of timber cut by the defendant [Thomas McEntee] upon a section alleged to be a portion of the public lands, and removed therefrom. It is claimed by the defendant that the timber was cut upon a tract of land entered by him under the act of congress approved May 20. 1862 [12 Stat. 392], entitled “An act to secure homesteads to actual settlers upon the public domain.”
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This is an action to recover the value of a large quantity of timber cut by the defendant [Thomas McEntee] upon a section alleged to be a portion of the public lands, and removed therefrom. It is claimed by the defendant that the timber was cut upon a tract of land entered by him under the act of congress approved May 20. 1862 [12 Stat. 392], entitled “An act to secure homesteads to actual settlers upon the public domain.” It was undisputed that the timber was cut down upon land for which defendant had paid the entry fee and made an affidavit required by the law, April 12, 1874. There was…
1Opinion of the CourtNelson, District Judge
(charging jury). I decline to give the instruction requested. The defendant has attempted to show that the timber was cut upon his homestead, as the land was being put in suitable condition for cultivation, so that the title thereto might be perfected. If you so find, the verdict must be against the government; but if you should determine the proof showed the cutting and removal were for sale and traffic alone, then a question is presented—an important one—what rights and privileges are secured by virtue of an entry under the homestead law before a patent has issued? Until 18G2, congress had…
2Cited by3 opinions
- Ladda v. HawleyCalifornia Supreme Court · 1880
- The Lizzie HendersonDistrict Court, S.D. Florida · 1884
- United States v. MurphyU.S. Circuit Court for the District of Western Michigan · 1887